Major-General Iona Timofeevich Nikitchenko (Russian: Иона Тимофеевич Никитченко) (June 28, 1895 – April 22, 1967) was a

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

of the

Supreme Court of the Soviet Union The Supreme Court of the Soviet Union (russian: Верховный Суд СССР) was the highest court of the Soviet Union during its existence. The Supreme Court of the USSR included a Military Collegium and other elements which were not typic ...

Early life and career

Iona was born to a peasant family in

khutor A khutor ( rus, хутор, p=ˈxutər) or khutir ( uk, хутiр, pl. , ''khutory'') is a type of rural locality in some countries of Eastern Europe; in the past the term mostly referred to a single-homestead settlement.

Tuzlukov (now

Rostov Oblast Rostov Oblast ( rus, Росто́вская о́бласть, r=Rostovskaya oblast, p=rɐˈstofskəjə ˈobləsʲtʲ) is a federal subject of Russia (an oblast), located in the Southern Federal District. The oblast has an area of and a populati ...

). He studied at his local Agricultural Institute and from 1916 was a

Bolshevik The Bolsheviks (russian: Большевики́, from большинство́ ''bol'shinstvó'', 'majority'),; derived from ''bol'shinstvó'' (большинство́), "majority", literally meaning "one of the majority". also known in English ...

. His court experience started in May 1920 when he was appointed as the chairman-deputy of the Military Court of Semirechye Army Group during the Civil War. During the

Russian Civil War , date = October Revolution, 7 November 1917 – Yakut revolt, 16 June 1923{{Efn, The main phase ended on 25 October 1922. Revolt against the Bolsheviks continued Basmachi movement, in Central Asia and Tungus Republic, the Far East th ...

, he participated on the frontlines in

Central Asia Central Asia, also known as Middle Asia, is a subregion, region of Asia that stretches from the Caspian Sea in the west to western China and Mongolia in the east, and from Afghanistan and Iran in the south to Russia in the north. It includes t ...

. In 1924, he was appointed as the member of the Military Court Collegiate of the Moscow Military District. Nikitchenko presided over some of the most notorious of

Joseph Stalin Joseph Vissarionovich Stalin (born Ioseb Besarionis dze Jughashvili; – 5 March 1953) was a Georgian revolutionary and Soviet political leader who led the Soviet Union from 1924 until his death in 1953. He held power as General Secreta ...

show trials A show trial is a public trial in which the judicial authorities have already determined the guilt or innocence of the defendant. The actual trial has as its only goal the presentation of both the accusation and the verdict to the public so th ...

during the

Great Purges The Great Purge or the Great Terror (russian: Большой террор), also known as the Year of '37 (russian: 37-й год, translit=Tridtsat sedmoi god, label=none) and the Yezhovshchina ('period of Nikolay Yezhov, Yezhov'), was General ...

from 1936 to 1938 and notably sentenced

Lev Kamenev Lev Borisovich Kamenev. (''né'' Rozenfeld; – 25 August 1936) was a Bolshevik revolutionary and a prominent Soviet politician. Born in Moscow to parents who were both involved in revolutionary politics, Kamenev attended Imperial Moscow Uni ...

and

Grigory Zinoviev Grigory Yevseyevich Zinoviev, . Transliterated ''Grigorii Evseevich Zinov'ev'' according to the Library of Congress system. (born Hirsch Apfelbaum, – 25 August 1936), known also under the name Ovsei-Gershon Aronovich Radomyslsky (russian: Ов ...

Nuremberg trials

Nikitchenko was one of the three main drafters of the

London Charter The Charter of the International Military Tribunal – Annex to the Agreement for the prosecution and punishment of the major war criminals of the European Axis (usually referred to as the Nuremberg Charter or London Charter) was the decree issue ...

. He was also the Soviet Union's judge at the

Nuremberg trials The Nuremberg trials were held by the Allies of World War II, Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II. Between 1939 and 1945 ...

and was president for the session at

Berlin Berlin ( , ) is the capital and largest city of Germany by both area and population. Its 3.7 million inhabitants make it the European Union's most populous city, according to population within city limits. One of Germany's sixteen constitue ...

. Nikitchenko's prejudices were evident from the outset. Before the Tribunal had convened, Nikitchenko explained the Soviet perspective of the trials:

"We are dealing here with the chief war criminals who have already been convicted and whose conviction has been already announced by both the Moscow and Crimea altadeclarations by the heads of the lliedgovernments.... The whole idea is to secure quick and just punishment for the crime."on June 29, 1945
(8. Report of Robert Jackson, United States Representative to the International Conference on Military Trials, London, 1945 (Washington, DC: US State Dept., 1949), pp. 104-106, 303.; Whitney R. Harris, Tyranny on Trial: The Evidence at Nuremberg (Dallas: S.M.U. Press, 1954), pp. 16-17.)

Nikitchenko dissented against the acquittals of

Hjalmar Schacht Hjalmar Schacht (born Horace Greeley Hjalmar Schacht; 22 January 1877 – 3 June 1970, ) was a German economist, banker, centre-right politician, and co-founder in 1918 of the German Democratic Party. He served as the Currency Commissioner ...

Franz von Papen Franz Joseph Hermann Michael Maria von Papen, Erbsälzer zu Werl und Neuwerk (; 29 October 18792 May 1969) was a German conservative politician, diplomat, Prussian nobleman and General Staff officer. He served as the chancellor of Germany i ...

and Hans Fritzsche; he also argued for a death sentence for

Rudolf Hess Rudolf Walter Richard Hess (Heß in German; 26 April 1894 – 17 August 1987) was a German politician and a leading member of the Nazi Party in Nazi Germany. Appointed Deputy Führer to Adolf Hitler in 1933, Hess held that position unt ...

, who was ultimately sentenced to life in prison by the tribunal. Nikitchenko said, in the lead-up to the trials, "If... the judge is supposed to be impartial, it would only lead to unnecessary delays." Nikitchenko also found the majority judgments incorrect with regard to the Reich Cabinet, the

German General Staff The German General Staff, originally the Prussian General Staff and officially the Great General Staff (german: Großer Generalstab), was a full-time body at the head of the Prussian Army and later, the German Army, responsible for the continuou ...

and the Oberkommando der Wehrmacht. Having never before written a dissenting opinion—these being unheard of in Soviet jurisprudence—and being unsure of the form of such an opinion, Nikitchenko was assisted in writing his dissents by his fellow judge

Norman Birkett William Norman Birkett, 1st Baron Birkett, (6 September 1883 – 10 February 1962) was a British barrister, judge, politician and preacher who served as the alternate British judge during the Nuremberg Trials. Birkett received his education ...

. Nikitchenko feared a compromise on too lenient a level. At the point of final deliberation he reexamined Hess' case and voted for a life sentence so that the opportunity for Hess to get away with a lesser degree of punishment did not occur.

References

{{DEFAULTSORT:Nikitchenko, Iona 1895 births 1967 deaths Soviet people of World War II Soviet jurists 20th-century jurists Judges of the International Military Tribunal in Nuremberg Soviet judges of international courts and tribunals Soviet major generals